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HomeMy WebLinkAboutR07-029 Eaton Ranch Second Amendment commiSSione~ moved adoption ofthe foUowing resolntion: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007-0;;)9 RESOLUTION APPROVING AND ADOPTING SECOND AMENDMENT TO EATON RANCH CONSERVATION EASEMENT WHEREAS, on September 13,2005, Eagle County and the Eagle Valley Land Trust executed a Conservation Easement (the "Easement"), recorded on September 20,2005 as Reception No. 929980 in the records of the Clerk and Recorder of Eagle County, Colorado; and WHEREAS, Exhibit D to the Easement, the "Baseline Documentation Report Acknowledgement," was not at that time fully executed and therefore was attached in unexecuted form; and WHEREAS, such Exhibit D should and now may be fully executed by the parties and attached to the recorded Easement as a substitute Exhibit D; and WHEREAS, substitution of the executed Exhibit D for the blank version thereof requires an amendment to the Easement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Second Amendment to the Eaton Ranch Conservation Easement attached hereto as Exhibit 1, including a form of Exhibit D to such Easement, hereby are approved and adopted, and the Chairman of the Board of County Commissioners hereby is authorized to execute such Second Amendment and Exhibit D thereto on behalf of Eagle County, and to cause such Second Amendment and executed version of Exhibit D thereto to be recorded in the records of Eagle County. THAT, the Board of County Commissioners finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commis ioners of the County of Eagle, State of Colorado, at its regular meeting held this -3 day of ~, 2007. \ Commissioner ~~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: \ Commissioner Am M. Menconi Commissioner Sara J. Fisher Commissioner Peter F. Runyon This Resolution passed by ;:/ / 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. SECOND AMENDMENT TO THE EATON RANCH CONSERVATION EASEMENT This SECOND AMENDMENT (the "Second Amendment") to the EATON RANCH CONSERVATION EASEMENT (the "Conservation Easement") which was granted on the 13th day of September, 2005, by EAGLE COUNTY, a governmental entity and political subdivision of the State of Colorado, as distinct from the general public, acting by and through its Board of County Commissioners ("BOCC"), having an address of 500 Broadway, Eagle, Colorado, 81631-0850 ("Grantor"), in favor of the EAGLE V ALLEY LAND TRUST, a nonprofit Colorado corporation, having an address of P.O. Box 3308, Eagle, CO, 81631 ("Grantee"), (collectively, the "Parties"), is entered into by the Parties this _ day of ,2007. RECITALS WHEREAS, the Parties executed the Conservation Easement on the 13th day of September, 2005, and recorded the Conservation Easement on 20th day of September, 2005 as Reception Number 929980 in the records of the Clerk and Recorder of Eagle County, Colorado; WHEREAS, the Conservation Easement contains several exhibits, one of which is Exhibit D, the "Baseline Documentation Report Acknowledgment", which Exhibit D has been fully executed, but which Exhibit D was not recorded with the Conservation Easement; and WHEREAS, pursuant to Section 100f the Conservation Easement, the Parties desire to amend the Conservation Easement consistent with its purpose, in order to substitute the fully executed Exhibit D with the blank version of Exhibit D the Conservation Easement was recorded with. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereby agree to amend the Conservation Easement as follows: To substitute the fully executed Exhibit D, Baseline Documentation Report Acknowledgment attached hereto, with the blank version of Exhibit D contained in the Conservation Easement. IN WITNESS WHEREOF, the Parties to this Second Amendment to the Conservation Easement, intending to legally bind themselves, have set their hands on the date first written above. EXHIBIT i # 11/ - 1 - GRANTOR: COUNTY OF EAGLE, a political subdivision of the State of Colorado, by and through its Board of County Commissioners By STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) County Commissioner The foregoing instrument was acknowledged before me this day of 200_, by in his official capacity as County Commissioner of Eagle County, a political subdivision of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public - 2 - - 3 - GRANTEE: EAGLE VALLEY LAND TRUST, a Colorado non-profit corporation STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) By Cindy Cohagen, Executive Director The foregoing instrument was acknowledged before me this _ day of , 200_, by Cindy Cohagen as Executive Director of Eagle Valley Land Trust, a Colorado non-profit corporation. Witness my hand and official seal. My commission expires: Notary Public - 3- Exhibit D Baseline Document Report Acknowledi!ement Grantor and Grantee acknowledge that each has read the Eaton Ranch Conservation Easement "Baseline Documentation Report," dated September 2006, and that the report accurately reflects the condition of the Property subject to the Easement as of the date of conveyance of the Easement. GRANTEE: GRANTOR: EAGLE V ALLEY LAND TRUST, a Colorado non-profit corporation COUNTY OF EAGLE, a political subdivision of the State of Colorado, by and through its Board of County Commissioners By: Its By Date: Its Date: -4-